The first month of the New Year is already behind us, and I am sure that we all ask ourselves what the year 2023 has in store for us. I am sure that despite the predictions of some economists, 2023 will be a good year, better than 2022 and more like the business as we knew it pre-pandemic time.
The first BHA School of Lighting webinar that I presented on 26 January 2023 was titled: “Standards and Compliance: The Consequences of Non-Compliance”. It is regrettable that many professionals simply pay lip service to standards when it comes to lighting.
I am well-aware that our SANS 10114-1: 2020 for Interior lighting falls short on detail when compared to EN 12464-1:2021 on the same topic. Similarly, SANS 10389-1: 2003: Exterior lighting Part 1: Artificial lighting of exterior areas for work and safety are very outdated when compared to EN 12464-2: 2014 with a similar title.
More recently, on 21 October 2022, the Department of Employment and Labour published the Occupational Health and Safety Act, Act 85 of 1993 draft Physical Agents Regulations in the Government Gazette No 47337 and called for public comment within 90 days. I am not sure how many submitted their comments, but my observation and subsequent comments addressed the issue of including random tables and extracts from existing SANS documents which I regarded as over-stepping their role and purpose. I accept that there should be regulations to give effect to the Act, but not to encroach on the domain of another state organisation.
The reason that I made that statement is that many will simply use the tables that I referred to above without having any knowledge of the other content contained in the standards which provide explanations and give understanding as to why the data is included in the tables.
This is even more important and underscores the reason why I have placed such emphasis on Standards and Compliance in webinars and workshops over the last decade. It is why our students at BHA School of Lighting study Standards, Regulations, and Compliance. They write an extensive examination on the subject. In addition, they study how to adapt the standards to provide for visually demanding tasks in the workplace in accordance with IES TM-24-13. They go beyond that and learn about visual and non-visual effects of lighting.
Now, I cannot emphasise the importance of compliance enough. It can ruin the professional careers engineers and architects irrespective of the Professional Indemnity Insurance cover they may hold. In cases where an insurer finds that the professional has been negligent, the claim against their professional indemnity cover can be repudiated. Similarly, the owner/operator of a facility may have public liability insurance cover. In the event of a visitor or patron to the business being injured whilst on the premises and they lodge a legal claim for compensation albeit for medical or any other injuries maintaining that the lighting was insufficient and the cause of the injuries , if it is found that the lighting was inadequate or completely lacking, the consequences of non-compliance could be disastrous if the insured level is too low or worse still if the insurer repudiated their owner/operator’s claim. Litigation could follow. If a court found in favour of the claimant, it could spell disaster for a small or medium size private business and even liquidation.
Some may think that I am over-dramatizing. All that I have tried to explain, is real. I am often engaged by investigators into claims ranging from a few million rand to claims in six figure amounts. I do full measurement and verification with comparison to the applicable standards including emergency lighting standards. Of course, most measurement is carried out at night. Thereafter, a detailed factual report is prepared supported by photographs, TR28 Site Photometry Records in accordance with International best practise. The report is submitted to the investigators who in turn collate the various reports to submit to the insurers.
So … remember, non-compliance is not an option. I know that there are cases where budget constraints resulted in non-compliance with standards and regulations. If I was faced with that situation, I would tell the client that I could not continue and expose myself to such risks of claims and would spend time to explain the possible consequences that they could face in the future. When the gravity of non-compliance is explained to the client, they understand and make the necessary to the budget to ensure compliance. I have never had a single case where a client was not able to make the funds available. Compliance will also give the client/operator and eventually the tenant peace of mind that they will not be at risk of non-compliant lighting.
I am always available to answer any questions that you, the readers, may have.
Enquiries: phil@bhalighting.co.za
